HC stays govt order on finance dept powers

Ishfaq Tantry

Tribune News Service

Srinagar, December 5

The operation of the recent government order designating finance department as the cadre controlling authority of planning development and monitoring department (PDMD) has been stayed by the High Court.

Acting on a petition by the aggrieved employees who have also challenged the Delegation of Powers Act, 2018, which delegates powers to the Advisers to the Governor, a bench of Justice Sanjeev Kumar in its orders issued on Tuesday said that till the next date of hearing the cadre controlling authority as also the other service matters of the J&K Economics and Statistical Services should continue to vest in the Planning and Development Department.

The State Administrative Council (SAC) headed by Governor Satya Pal Malik vide its decision dated September 18 had shifted core developmental responsibilities from the PDMD to the finance department, apparently to enhance the efficacy of the system.

In their petition before the high court, the petitioners have pleaded that the SAC order designating finance department as the cadre controlling authority of the PDMD was “without jurisdiction” and the powers conferred upon the Advisers to the Governor under the Delegation of Powers Act, 2018, were “unconstitutional”.

The petitioners further pleaded that the Governor under the Constitution has “no authority to divert the formation of Council of Ministers to any authority under the garb of legislation especially when the Legislative Assembly was in suspended animation rendering the Council of Ministers into dormancy”.

“Otherwise also, the Government Order No 407-FD of 2018 dated 20.09.2018 is against the law and is a non-speaking order which is not even capable of being implemented. Further, the order impugned is also violative of the J&K Government Business Rules, 1956,” the petitioners pleaded.

After hearing the petitioners’ lawyers, the high court directed for staying the government order in question besides directing the government respondents to file objections to the petition within four weeks.